All posts by MuniCourts

Where protest fails, violence prevails

Yesterday, I came across the following news article, "Atlanta police shooting of unarmed black man leads to rare murder charge".

Some people have commented that "after police officers in Dallas and Baton Rouge were killed, police are now being charged with murder." This is what should have been happening even before the protests or violence occurred.

However, there is another glaring issue that many people have overlooked. White prosecutors almost never bring charges against white police officers who kill African-Americans. In Baltimore where six officers were charged and in Atlanta where this officer was charged, the decision was made by a black prosecutor. This is why we need more black prosecutors. See the Washington Post article, "Thousands dead, few prosecuted" and the Daily Beast article, "95% of Prosecutors Are White and They Treat Blacks Worse".

White supremacist wearing blue

White supremacist groups know police are rarely charged criminally for on-duty shootings. According to the FBI, some of the same guys who used to wear white robes and hoods now wear blue and carry a badge. Police effectively enjoy immunity and we pay their salaries. Murder shouldn't be rewarded with an extended paid vacation.

As a black female police officer, Nakia Jones recently stated, “If you are that officer that knows good and well you’ve got a god complex; you are afraid of people who don’t look like you — you have no business in that uniform. Take it off,” “Because there’s many of us who would give our life for anybody. And we took this oath and we meant it. If you are that officer that’s prejudice, take that uniform off and put a KKK hoodie on because I will not stand for that.”

Additionally, many of this country's police officers are soldiers returning from the war zones in Iraq and Afghanistan and some may not have been properly screened for mental illnesses. Soldiers during war are often conditioned to treat people like animals with little respect for human life or basic human rights. Everyone on the ground is a potential enemy.

Police brutality has always been an issue in black communities. "Power tends to corrupts, and absolute power corrupts absolutely." Factor in white supremacy and mental illness and the tensions build up until it explodes into a national protest movement where some see no other choice but to resort to violent retaliation. 

It doesn't take a grand jury to determine if charges should be brought. Bringing charges against a police officer in questionable deaths should be common sense. Like everyone else, this police officer will be considered innocent until proven guilty and will have an opportunity to discredit evidence against him, present evidence and testify if he so chooses.

Hands Up, Don't Shot, Laying on the Ground

The video that surfaced a few days ago of an unarmed black man, Charles Kinsey, laying in the street with his hands up in the air, demonstrates . Mr. Kinsey explained to police that he was a behavioral therapist at a group home trying to calm down an autistic patient who had wandered away from the facility. As Kinsey explained that neither he nor the mentally ill patient was armed and posed no threat, he was shot.  

“When I went to the ground, I went to the ground with my hands up,” he said. “And I am laying there just like this, telling them again there is no need for firearms.”

What more could this man have done? 

It's already unreasonable that any innocent person should feel they must lay on the ground and hold their hands up to ensure the police won't shoot you. I can't think of anything more Mr. Kinsey could have done. 

There is a false narrative or propaganda campaign to convince people that the "Black Lives Matter" Movement and Blacks, in general, are over reacting. What more could Mr. Kinsey have done to convince the cop that shot him that he wasn't a threat? The irony is that the white looking autistic patient who actually had something in his hands and was agitated, because of his mental condition, wasn't the one who was shot. 

Even Charle Kinsey mentioned how he feared more for his patient than himself, because he was on his back with his hands up, a position no one could possibly interpret as threatening, but he was still shot. 

I have begun two personal  boycotts, one against soft drink beverage manufacturers and the other against the WNBA. We need to inflict economic pressure, a sort of consumer violence to get the companies we support to start supporting us back.

The NBA announce a boycott against North Caroline where it is moving it's All-Star game from Charlotte, NC in protest of HB2, a law that requires people to use bathrooms and changing facilities, such as locker rooms which are designated for people based on their "biological sex" stated on their birth certificate. Under that law, transgender people can use the bathrooms and changing facilities that correspond to their gender identity if they get the biological sex on their birth certificate changed.

The NBA said, "While we recognize that the NBA cannot choose the law in every city, state, and country in which we do business, we do not believe we can successfully host our All-Star festivities in Charlotte in the climate created by HB2." Hopefully, the NBA will not choose a location that moves too slowly or refuses to hold police accountable when they violate the rights of black citizens.

The NBA has a clear majority of black players, certainly, the causes that affect the majority of players and their families should be receiving equal attention and protection. Police brutality is of major concern to most African-Americans. All athletes should remember the example set by the Mizzou football players and recognize your combined power. United we stand, divided we fall. See related, "WNBA, If you want our support, you need to support us!"

I'm not recommending physical violence, however, . Violence, through revolution, created this country, violence ended slavery, violence stopped Hitler, and violence is the technique being used against terrorism. 

The shooters in both the Dallas and Baton Rouge ambushes are dead. Other people who have shot and kill police officers met similar fates or ended up in jail. When cops are kill, there is almost always justice or at least vengeance. 

The police officers who used excessive force and murdered an untold number of people remain free and many are still police officers. Law enforcement officers are the only category of people where criminals are expected to get away with their crimes. This is why people protest and this is why some have and others will resort to violence if things don't change quickly. 

Black people have ‘violent tendencies’?

A patrol car video was publicly released Thursday that shows a white Austin, Texas police officer, Bryan Richter, violently throwing a 26-year-old, black elementary school teacher, Breaion King, to the ground during a traffic stop. As the white officer slings King to the ground, she screams, “Oh my God! … Why are you doing this to me?” 

Another white officer, Patrick Spradlin, tells her that black people have "violent tendencies" and whites are justifiably afraid while he is transporting her in a patrol car, after her arrest.

Traffic Stop Dash Cam Video

Patrol car video

After centuries of slavery, Jim Crow, discrimination, police brutality and racism, it is amazing that black people have never, in any meaningful way, tried to exact vengeance. Black people were kidnapped, beaten, chained, enslaved, raped, lynched and endured countless other atrocities and are still being mass incarcerated and dealing with the type of indignity shown in these videos. 

A three-minute cartoon uses animation and comedy to make a poignant statement about America’s violent racial history.

How dare that cop talk about black people having violent tendencies. He needs to check the violent tendencies and history of his people.

WNBA, If you want our support, you need to support us!

The WNBA fined the Indiana Fever, New York Liberty and Phoenix Mercury $5000 each and their players $500 each for wearing black warm-up shirts that violated the league's uniform policy. The players wore the t-shirts in acknowledgment of recent shootings by and against police officers.

We must support those who take a stand for us. When athletes and celebrities speak up against injustice, they often become targets. The WNBA is trying to silence these women by fining them. If we don't stand up for them, why would they take a stand the next time? We can't expect people to put their career in jeopardy for us if we remain silent. Show these women you appreciate their gesture and support them by putting pressure on the WNBA to reverse the fines. 

Today, I left the following message using the WNBA's contact page.

As a black basketball fan, I was offended to hear that your organization fined players for wearing t-shirt honoring black shooting victims. As mentioned by one of the player's representatives, "You have a league that is 90 — if not above 90 percent African American — and you have an issue that is directly affecting them and the people they know and you have a league that isn't willing to side with them." Until you reverse the player fines, I will be boycotting the WNBA and asking others to join me on my blog, court.rchp.com, a sited dedicated to providing free legal information. If you want our support, you need to support us! 

Just as the league allowed players to wear stand with Orlando t-shirts, to honor the victims of the Pulse Nightclub shooting, I expect the same consideration when the victims are black instead of LGBT.

I urge our readers to share this page with others and stand in support of these players that same way they stood in support of those shooting victims and their families. Send a message to the WNBA and any other organization that believes it's okay to disrespect our causes and issues while at the same time expecting us to support them with our attention and dollars.

If you believe as I do that it was wrong for the league to allow players to wear t-shirts showing support for some shooting victims but not others, boycott the WNBA until they reverse those fines. Don't watch the games or purchase any WNBA merchandise. Change truly does start with us!

White Church Apologizes for reaching out to African-Americans

I couldn't believe what I was seeing as I watched the news yesterday. Outrage erupted over ‘Caucasian Privilege for Good’ article in church flier. The Assumption of the Blessed Virgin Parish in O’Fallon, Missouri published an article in their Sunday bulletin titled, "7 Ways to Be a Better Ally", reportedly from a Care2.com post, that acknowledged an undisputable fact; that black people suffer police disrespect and brutality disproportionately.

However, that gesture of brotherly love, understanding, and compassion as commendable as it was, was done without the pastor's knowledge. Once the article was brought to the attention of the pastor, Father Mitch Doyen, for whatever reason, felt an overwhelming need to apologize, in person, to the O'Fallon Police Department and the police chief graciously accepted his apology. A letter of apology was also issued to the congregation.

What exactly was Father Doyen apologizing for? 

The article didn't tell people to disrespect police or challenge their authority. It didn't say all police were guilty or bad. The article certainly didn't tell people to dislike, hate or retaliate against police. The article simply encouraged white people to speak out against injustice, engage in conversation, join black neighbors in protest, use white privilege for good, demand accountability from authorities and to not give up on the struggle for equal justice. 

How many videos of excessive force by police beating or killing people does it take for some to at least acknowledged there is a problem? Unarmed Black Americans are five times as likely as unarmed white Americans to be shot and killed by a police officer. Maybe since it's not your father, brother, nephew or niece; it doesn't matter to you. But that's exactly what the "Black Lives Matter" movement is all about. It should MATTER! In 1624, John Donne stated it this way:

"No man is an island, entire of itself; every man is a piece of the continent, a part of the main." …  "Any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bells tolls; it tolls for thee."

In the spirit of John Donne, I would like to offer Father Doyen an opportunity to view the film, "AmeriCAN". 

AmeriCAN is a short film and public service announcement that comes in response to events that have divided the country over racial lines. With the influx of violence against black males in America over the past few years, the piece strives to offer a unique perspective in examining the value of lives of the country’s citizens. The intention of the message, “all lives matter,” is to pull people together from both sides of the disparity and inspire the kind of empathy and mutual understanding necessary to promote meaningful discourse and domestic reconciliation. The goal is to bring all people together, without exception to race, religion, gender or age, and send the message that all blood flows red. 

To Our White Friends

To those who stand in solidarity with us and support the cause of equal treatment, freedom, and justice, we thank you.

Although the legal and historical information on this site is written to address issues from a black perspective, we are all in this thing together, and everyone is welcome on this site. However, we don't attempt to sugar coat facts or hide the truth and some of the material may make some people uncomfortable. 

Albert Einstein, whose intellectual achievements and originality have made the word "Einstein" synonymous with "genius", called racism “A Disease of White People”. While it is true that systemic and institutional racism as we know it today, was created by white men, not all white people were active or willing participants.

There have been white folks who suffered and died helping to secure freedom and rights for black folks. Charles Sumner was severely beaten and Elijah Lovejoy was killed in Alton, IL simply for speaking out against slavery. John Brown and his Harpers Ferry raid were among the sparks that lit the fuse leading to the Civil War. White protesters Andrew Goodman and Michael Henry Schwerner died along James Earl Chaney attempting to register African-Americans in Mississippi to vote. It has often been argued that the presence of our white neighbors at the Ferguson and various "Black Lives Matter" protests, possibly prevented a harsher response from law enforcement. The unfortunate reality is that many people who might otherwise stand with us are afraid of the repercussions. 

Taking a stand against police brutality is not a stand against police, that's a false narrative. Inserting that article, as some might suggest wasn't hate speech, it was love speech, of the love thy neighbor variety.  As I have stated before, I am pro police and wouldn't want to live in a city with no police, but I don't want my friends and family to fear encounters with them. 

To the unnamed white person that inserted the article into that Sunday church bulletin, thank you for trying to make a positive difference. I'm sorry you lost your staff position. The reaction to your article insertion reminded me of Dr. Martin Luther King's "Letter from Birmingham Jail", were he states,"You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations."  

I urged any Assumption of the Blessed Virgin Parish members to speak up for your fellow parishioner to be reinstated. It was unfortunate that the timing of the article coincided with the Baton Rouge Police Ambush, however, no one can argue that was intentional.

Attacking Police Officers is Stupid

Three police officers were killed and several others wounded in Baton Rouge today. This appears to have been an ambush by multiple shooters. Our thoughts and prayers go out to those officers and their families.

It seems odd that multiple people would have been able to come together without attracting attention while planning a coordinated attack on police officers. It has been suggested that the Dallas Ambush was a false flag style conspiracy against BLM. I admit, I can't help but consider that days ago, major celebrities participated in 23 ways you could be killed, if you are black in America.

Attacking police officers will only increase their level of anxiety which will result in them approaching situations on edge. I had an encounter with the police last night. My mother and father were involved in a hit and run car accident. They called me and I met them, then we called the police. Two white police officers showed up. They were polite and pleasant but it was night time and I was very aware that police officers are still thinking about Dallas. Knowing officers might be on edge, I was very cautious about my movement. These attacks in Baton Rouge will only make matters worse.

Police will legitimately wonder whether 911 calls and other incidents are ambush situations. Protesters will be placed in greater danger because the police officers will be constantly wondering if they will be targeted and might overreact to certain situations. 

I understand many people are angry about innocent people being killed by police officers; I get angry about that as well, but only a small number of police officers are involved in these incidents. Targeting, ambushing and shooting police does nothing but make matters worse. 

Violence results in more violence. Unfortunately, a few bad officers have placed all other officers in danger. If you are a police officer and you see other officers participating in behavior that restricts or violates the rights of others, especially if physical force is involved, you need to speak out. Remaining silent and allowing bad officers to go unpunished puts your life in danger because there are many mentally ill people who may react violently. 

If you are considering violence against a police officer, don't do it. Consider the fact that your actions will make police officers quicker to consider physical or deadly force in more situations. You will not only be placing your life in danger by attacking police but those in your community including your family and friends.

Additionally, attacking police make people less sympathetic to the Black Lives Matter movement and allows people to feel police are justified even when they kill unarmed innocent people. 

 

23 Ways You Could Be Killed If You Are Black in America

Alicia Keys and an A-list roster of celebrities including Beyoncé, Rihanna, Adam Levine, Jennifer Hudson, Queen Latifah, Pink, Chris Rock, Bono, and others, are demanding change and explain why it's time to take action to heal the long history of systemic racism in America.

In January, we mentioned how black entertainers need to pool their talent and resources. Taking a stand against oppression and injustice with the video, "23 Ways You Could Be Killed If You Are Black in America", is a great first step.

See, "Protest Songs Inspired by Police Killings" and "The Secret Meeting That Changed Rap Music and Destroyed a Generation".


NBA Players Speak Out

This year’s “ESPY Awards” which aired on ABC yesterday, opened with NBA stars Carmelo Anthony, Chris Paul, Dwyane Wade and LeBron James delivering a message regarding last week’s death of two African-Americans at the hands of law enforcement, and the Dallas attack on police officers that left five dead and several others injured. 

ESPY Award (short for Excellence in Sports Performance Yearly Award) is presented  to recognize individual  and team athletic achievement and other sports-related performance during the previous calendar year.

Muhammad Ali was honored during the Espy's.

On July 13th, during the ESPY awards gave a tribute to Muhammad Ali the boxing great an humanitarian who passed away on June 3rd of this year. Ali's tribute was a hightlight of the In Memoriam portion of the show. Basketball great Kareem Abdul-Jabbar spoke about his friend and said that Ali had the ability to make the impossible seem real and he also said, "Every athlete handles fame in their own way. Some people revel in it. Some people aren't so comfortable with it. Muhammad Ali used it to speak his mind." Kareem said that he hopes that other atheletes will take notice of the legend and remember what it is that made him "The Greatest". Chance gave a musical tribute after Kareem's statement. 

Kareem Abjul-Jabbar and Chance The Rapper Honor Muhammad Ali at 2016 ESPY Awards 

I am certain the attention and reflection of Muhammad Ali's life after his death has inspired many atheletes and entertainers to take a stand and speak out about injustice motivated by the Greatest's extrodinary example. See, "Muhammad Ali's Memorial Service – Tributes of Greatness".

Two Years After Eric Garner’s Death, Ramsey Orta, Who Filmed Police, Is Only One Heading to Jail

Two years ago this week, Eric Garner died in Staten Island after officers wrestled him to the ground, pinned him down and applied a fatal chokehold. The man who filmed the police killing of Eric Garner, Ramsey Orta, is now heading to jail for four years on unrelated charges—making him the only person at the scene of Garner’s killing who will serve jail time. Last week Orta took a plea deal on weapons and drug charges. He says he has been repeatedly arrested and harassed by cops since he filmed the fatal police chokehold nearly two years ago. We speak to Eric Garner’s daughter, Erica Garner, and Matt Taibbi, award-winning journalist with Rolling Stone magazine. He’s working on a book on Eric Garner’s case.

TRANSCRIPT

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: Video made by Laron Murray and The Fortune Society media team featuring the final words of Eric Garner over John Coltrane’s "Alabama." This isDemocracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Juan González.

JUAN GONZÁLEZ: Well, we turn now to another police killing, this one here in New York. Two years ago this week, Eric Garner died in Staten Island after officers wrestled him to the ground, pinned him down and applied a fatal chokehold.

POLICE OFFICER 1: Put your hand behind your head!

ERIC GARNER: I can’t breathe! I can’t breathe! I can’t breathe! I can’t breathe! I can’t breathe! I can’t breathe! I can’t breathe! I can’t breathe!

RAMSEY ORTA: Once again, police beating up on people.

POLICE OFFICER 2: Back up. Back up and get on those steps.

RAMSEY ORTA: OK.

JUAN GONZÁLEZ: The man who filmed the police killing of Eric Garner, Ramsey Orta, is now heading to jail for four years on unrelated charges—making him the only person at the scene of Garner’s killing who will serve jail time. Last week, Orta took a plea deal on weapons and drug charges. He says he has been repeatedly arrested and harassed by cops since he filmed the fatal police chokehold nearly two years ago.

AMY GOODMAN: Eric Garner’s death spurred protests over New York Police Department’s use of excessive force, its policy of cracking down on low-level offenses. Eric Garner’s family reached a $5.9 million settlement with New York City last July.

To talk more about where the case stands today and the fact that Ramsey Orta will be going to jail, and also Bernie Sanders’ concession to Hillary Clinton—Eric Garner’s daughter, Erica Garner, who joins us today, campaigned with Bernie Sanders. He had a TV campaign ad centered on her story. We’re also joined by Matt Taibbi, the award-winning journalist with Rolling Stone magazine, working on a book on Eric Garner’s case, the author of a number of books, including The Divide: American Injustice in the Age of the Wealth Gap.

We welcome you both to Democracy Now! I’m so sorry, Erica, as you sit here to see video after video of police killing culminating right now, and once again seeing the video of your father gasping and saying, "I can’t breathe." But you have been speaking out publicly about this for almost the full two years. You haven’t stopped.

ERICA GARNER: Yes. I’ve protested. I’ve spoke on panels. I traveled across this nation. I exhaust all avenues. I even endorsed Bernie Sanders to get my message out. And it’s like we keep having a conversation I exhausted for two years. And, you know, how much talking do we need to have? The Black Lives Matter movement been very compassionate, patient, and basically begging the nation. You know, we are under attack as black people. We are being gunned down every day. And these officers are not being held accountable. And no charges, from Tamir Rice to my dad to Freddie Gray, you know, has been.

JUAN GONZÁLEZ: And your reaction when, obviously, the events last week—two more incidents, two more deaths, caught on video, and yet nothing seems to be happening?

ERICA GARNER: No. All I’m hearing is conversation. We need legislation put into place. We need a special prosecutor. They’re just now using the special crimes prosecutor for a guy last week named [Delrawn Small]. And that was the undercover police officer who shot a black man.

AMY GOODMAN: Wayne Isaacs was the off-duty police officer who shot Delrawn Small.

ERICA GARNER: Yes. And it’s like, you know, we need some type of legislation put into place. We need a special prosecutor. Governor Cuomo put that as an executive order temporarily after my father passed away, and no one is talking about it. You know, no one is trying to make it permanent.

AMY GOODMAN: The reason we know exactly what happened in your father’s death is because of that videotape. The man who filmed the police killing of your father, Eric Garner, Ramsey Orta, is now headed to jail for four years on unrelated charges—making him the only person at the scene of Garner’s killing who will serve jail time. So, last week, Ramsey Orta took a plea deal on weapons and drug charges. He has said he’s been repeatedly arrested and harassed by police. Earlier this year, Ramsey Orta came to Democracy Now!, and we talked to him.



RAMSEY ORTA: Clearly, when they jumped out on me, that was the first thing that came out his mouth: "You filmed us, so now we’re filming you," because I asked, "Why do you have your cameras out?" When they jumped out on me, they had their phones in their hand, instead of a gun or anything, from my knowledge, was supposed to be in their hand. So I asked him: Why is he filming me? And he said, "Because you filmed us."

AMY GOODMAN: So that is Ramsey Orta speaking on Democracy Now! The significance of what he did? Soon after your dad was killed, at a memorial service that was held, there’s actual applause during the service for one man, for Ramsey Orta, who was sitting in the audience.

ERICA GARNER: Yes, it showed the courage to do it, and also he told the whole world, like he showed the whole world, you know, what exactly went on. If there wasn’t no video, you know, we wouldn’t know, like, he was killed. And we don’t have that from the police department. We don’t have transparency. I knew body cameras would be a bad idea if it wasn’t a federal legislation or some type of thing that says if you mess with this camera, if you turn it off or if anything goes wrong with this camera, you know, you will be held accountable. And now you’re hearing cases like the camera fell off, like in Alton Sterling case, or, you know, it’s basically our word against theirs.

JUAN GONZÁLEZ: Matt Taibbi, I wanted to bring you in. You’ve been doing research specifically on the Eric Garner case and trying to look at this whole issue of police killings. This whole issue of, as we’ve seen, of the—in the Alton Sterling case, where somebody does do independent filming, and they’re confiscated; meanwhile, the police cameras fall off—the importance of these cameras and the battle over cameras?

MATT TAIBBI: I mean, it’s critically important that citizens make these recordings. I think the Eric Garner case is a classic example of why this is necessary, because reports later surfaced that the official police report later that evening left out the fact that a chokehold had been used. And so, had there been no film of what happened, we might never have heard of this case. It would have gone down probably as an accident that took place, where a person who was in bad health simply gave out in the middle of a routine arrest. But we—you know, because we have that video, we saw exactly what happened. So it’s critically important that people make these videos. And I think what’s going on now is that everybody has cellphones, and for the first time people are seeing how common this is.

AMY GOODMAN: Can you talk, Erica Garner, about what’s happening now with the federal investigation? I mean, the police officer in the case was not charged. You did have a lawsuit, the family had a lawsuit, that was settled for $5.9 million. But the federal investigation, what is that? And this is two years now.

ERICA GARNER: Yes. It’s like the DOJ is dragging their feet. A couple of months ago, I sat in a civil liberties panel with representatives from the DOJ. And I kindly asked them, you know, face to face, as we was on the panel, you know, "What is taking so long? How come my family didn’t get no answers, any type of updates on my father’s case?" And they told me, you know, they will answer my question soon. Here we are almost to the two-year anniversary, and I hear—I see an article out about, you know, how two federal prosecutors from the DA in Brooklyn and two prosecutors from Washington is fighting over whether or not it’s enough evidence to go on. You know, the Brooklyn side is saying, "Well, we don’t have enough evidence," but the people from Washington are saying, "Well, we do. We want to push forward." And it’s up to Loretta Lynch to make that decision.

JUAN GONZÁLEZ: And even some of the basic information, two years later, is not out. For instance, the past record of the officer involved, Pantaleo, in terms of his excessive force decisions in—previously. What’s happened with that?

ERICA GARNER: No. I put in countless FOIA requests. Matt Taibbi helped me with some of the letters. And the response I got was letters stuck underneath my door or in my mailbox from the NYPD telling me I have to ask Daniel Pantaleo for permission to look at his records and that what I’m asking for is unwarranted. What can be more warranted than his daughter asking, just simply asking about what complaints was made against this man?

AMY GOODMAN: And, Matt Taibbi, if you could talk more about this and this major piece the Times did about how—this battle that’s going on within the Justice Department about whether to even continue with this investigation into the Eric Garner death?

MATT TAIBBI: Yeah, if I could just follow up quickly, though, on this issue of the personnel records with—of Daniel Pantaleo. This has been a fight that’s been going on for two years. The Legal Aid Society last year filed suit and actually got a judge to order the Civilian Complaint Review Board to disclose very limited information about basically just how many substantiated abuse complaints there were in Pantaleo’s file. And the city at that point could have just released the information, but they chose to appeal, and they’re fighting this basically to the death. It’s now two years. It’s probably going to be three years before this is resolved. And the law is really not on the civilian side. It actually says that you need the express written permission of the police officer to obtain personnel records. There’s Section 50-a of the New York Civil Rights Code. It provides extraordinary protections to police officers. So, it’s extremely difficult for somebody, you know, even a family member of a victim, to get to those records. It’s almost impossible. And that’s one of the things that’s played out in this case.

AMY GOODMAN: Erica Garner, I wanted to get your response to Bernie Sanders now conceding that Hillary Clinton is the Democratic presumptive presidential nominee. You campaigned with Bernie Sanders. He made a TV commercial with you as the subject, taking on the issue of police brutality. What are your thoughts today, how your story, what happened to your dad, the issues you care about—are you also throwing your support to Hillary Clinton?

ERICA GARNER: I’ll throw my support towards any nominee, presidential nominee, that’s going to show me what the DOJ will look like, what they’re going to do about the crisis that’s going on in America right now, and that’s going to stand behind the chokehold bill. Letitia James has been putting that bill in for a while. She hasn’t gotten any support from anyone and—any other elected—

AMY GOODMAN: The Manhattan borough president.

ERICA GARNER: —any elected officials. And it’s like, you know, right now, every elected official in the House right now is up for election. And, you know, I say we refuse our vote until they hear our issues and fight for our issues.

JUAN GONZÁLEZ: And by chokehold bill, for those who are not aware, could you explain?

ERICA GARNER: This chokehold bill will make it illegal, all the way illegal, to—for the police officers to choke anyone. It’s in the policies of the New York Police Department policies, but it’s not actually a law.

AMY GOODMAN: According to The New York Times, the last time the federal government brought a deadly force case against an officer in New York was 1998, almost 20 years ago, when Francis Livoti stood trial, eventually was convicted of charges of choking to death a young Bronx man named Anthony Baez. I want to thank you both for being us. Erica Garner, even on this second anniversary of your father’s death, our condolences to you and your family. And thanks so much, Matt Taibbi, for being with us and pursuing this case for Rolling Stone and for your book.

That does it for our broadcast. After the conventions—we’ll be broadcasting two-hour specials every day from Cleveland next week and then the Democratic convention in Philadelphia—I’ll be doing a convention wrap-up at Provincetown Town Hall on the 29th of July and Martha’s Vineyard on the 30th.


Republished with permission under license by Democracy Now.

Dallas Police Memorial

Thousands of law enforcement officials and political leaders attended a memorial service at the Morton H. Meyerson Symphony Center for the five police officers killed in last week's shootings. President Barack Obama and former President George W. Bush spoke.

Dallas Police Chief, David Brown, gave a moving speech using the lyrics of Stevie Wonder's song "As" before introducing President Obama. President Obama then delivered great, poignant speech like he always does, that not only brought out the humanity of the police officers killed, but touch on the killings of of Alton Sterling and Philando Castile that led to the protest that was going on when the shooting occurred. President Obama's speech starts at about 5:01 in the timeline.

Former President George Bush, spoke at the Dallas Police Memorial.

The Full Interfaith Memorial Service including choir selections and speakers is below.


Stevie Wonder's "As" (with lyrics), from the Album, "Songs in the Key of Life".

We Need Black Prosecutors

The prosecutor is the most powerful figure in the American criminal justice system.  This is particularly so because, as the Supreme Court has recognized, the criminal justice system in the United States today “is, for the most part, a system of pleas, not a system of trials.”  In the state courts where over ninety percent of criminal cases are prosecuted, ninety-four percent of the convictions are the result of guilty pleas, and ninety-seven percent of federal convictions are the result of guilty pleas.  In this system of pleas, prosecutors have enormous advantages and often dictate not only the crimes defendants are convicted of, but the sentences that are imposed.

According to the St. Louis Post-Dispatch, St. Louis County Prosecutor Robert McCulloch addressed the National Black Prosecutors Association who are in St. Louis participating in a weeklong convention about the criminal justice system. Melba Pearson, the group's president, said the organization’s annual conference is being held in St. Louis because of the heightened focus on policing in light of the fatal 2014 shooting of 18-year-old Michael Brown by a Ferguson police officer.

The City of St. Louis is a majority black city. However, the police and prosecutor, two institutions that have the most devastating effect on the lives of black folk are headed by white men. As I read the Post article, I couldn't help but consider the irony that McCulloch, the poster child of prosecutorial misconduct, was explaining to a group of Black prosecutors the  “lousy job” that prosecutors do. Sadly, McCulloch on several occasions has appeared bias towards police and racist in some of his actions.

Brooklyn DA Ken Thompson (Center) has sought to use prosecutorial discretion to fight racial gaps in justice.

St. Louis is roughly 48% black and 47% white according to the most recent census data, but the prosecutors of both the circuit and municipal court levels are white. In the State of Missouri, county prosecutors are 99% white. There is only one black elected county prosecutor in the entire state; Shane Farrow in Moniteau County Missouri. Unfortunately, Mr. Farrow is being prosecuted himself for an accident that occurred, ironically in Columbia, MO, which recently gain national attention for racial discrimination.

Recent incidents in Ferguson, New York, Baltimore, Columbia and most recently Baton Rouge & Minnesota demonstrate the racial bias and divide that exist within our society. White police officers are quicker to stop and arrest black people and white prosecutors are quicker to  bring charges against black suspects, especially when the evidence may not be compelling. The said reality is that many low-income defendants, even those that are innocent, may plead guilty to avoid the possibility of longer sentences. See the Kansas City Star article, "Study finds that Missouri and Kansas prosecutors are overwhelmingly white". 

The primary election for St. Louis City Prosecutor is on August 2, 2016. It is my hope that a strong black candidate whose sole motivation is not to punish, but to rehabilitate, will be elected. However, as Phillip Agnew with Dream Defenders mentioned;

"It's not just a matter of having a representative that's on the city counsel, or in the mayor's office or on the police force that looks like you; they've gotta come from the community, know the issues of the community and then it's folks in the community that remind them everyday that we pay your bills and watching every single day to ensure that the platform on which we elected you with is followed and also defend you when those people who seek to calibrate the system and right the system as it's been built, seek to come at you for that office."

Unfortunately, I don't know any of the candidates well enough to make a recommendation. The Ethical Society of Police, a minority organization of about 215 St. Louis city officers who are almost all black, voted at their February 25 meeting to endorse Patrick Hamacher, a white candidate, in the race for St. Louis circuit attorney. I was surprised that they had not endorsed Steve Harmon, a former police officer and the son of former Police Chief Clarence Harmon. See the Atlantic article, "Most States Elect No Black Prosecutors".

I don't know much about Mr. Hamacher and he might be a great candidate. However, he and the other white candidate, Mary Pat Carl, currently work as prosecutors under Jennifer Joyce. In fact, Ms. Carl was endorsed by Joyce. 

The St. Louis Prosecutor's office appears to be a corrupt system. In corrupt systems, decent people end up with three options: get out, conform or be crushed. There are always good, moral people who look at what's happening around them and decide that they can't live with themselves if they go along with it. However, such people are almost always bullied, marginalized and destroyed. In bad systems, the decent person is the freak, the oddball, the awkward crank who is not a team player, not one of us. Both Hamacher and Carl were promoted while working for Joyce and seemed to have flourished, which by default means they conformed. I understand that most people do, but it doesn't earn my vote.

Regardless of who you support, if you're registered, you need to vote! If you're not registered to vote, you need to get registered, however, it's too late for the August 2nd primary. If you don't vote, don't complain, you got exactly what you're efforts earned.

Was Dallas Police Ambush a Conspiracy against BLM?

Johnetta Elzie, a St. Louis native who emerged as a Black Lives Matter leader during the Ferguson protests has proposed that the Dallas police ambush was a conspiracy designed to make the Black Lives Matter movement look bad.

On Friday, July 8th, Ms. Elzie made the following tweets:

"From my experience, whenever public opinion shifts to strongly support the movement an act of violence against the police happens." … "It happened in Ferguson last year, and like many Ferguson protesters have pointed out today, a random black person becomes the shooter." …  "I will not let go of the fact that i know cointelpro exist."

Elzie is reportedly a co-founder of Mappingpoliceviolence.org.

Ms. Elzie's suspicions are not without precedent. During President Kennedy's administration the Joint Chiefs of Staff proposed a false flag operation, where many innocent civilians would be killed and blamed on Cuba to justify going to war with them. The term false flag describes covert operations that are designed to deceive in such a way that the operations appear as though they are being carried out by entities, groups, or nations other than those who actually planned and executed them.

President Kennedy rejected the Joint Chiefs false flag plan, but the fact that the plan was submitted suggest that similiar plans had been executed in the past or might later be approved. Any chess player knows that you willingly sacrafice pawns to win the game or protect the king. Were Dallas police officers pawns in a high stakes chess game?

The Gulf of Tonkin Incident occurred in 1964 whereby the CIA conducted operations reported by the NSA as North Vietnamese aggression towards the United States. The incident was used as a pretext for the United States to escalate Vietnam War efforts. During the operations on August 2nd, 1964 USS Maddox provoked the North Vietnamese by entering restricted waters. Then, on August 4th, 1964, it was reported that North Vietnam attacked two US ships, USS Maddox and USS Turner Joy. The claim that the ships were attacked was later discovered to be false and in 2005 declassified documents revealed that both the CIA and NSA were involved in the manufacture of the incidents that led to US air strikes on August 7th, 1964.

If Ms. Elzie's theory is correct it may take decades for any information to become public and the world may never know the truth. Her suspicions will most likely go down in the annals of crazy conspiracy theory, but it might be wise to see if the pattern continues. 

Also consider the fact that there has been a serious propaganda campaign to smear Muslims. After Muhammad Ali  died, tribute was paid to the world's most famous Muslim. Ali's memorial service, which had shown the Muslim faith in a very positive light, was attended by heads of state and celebrities. In less than two days after Ali's funeral, in Orlando, a random Muslim man committed the worst single person mass shooting in U.S. history; just food for thought.

For additional information about conspiracy, see our page, "None Dare Call It Conspiracy".